| PYQ Relevance: Q) ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC CSE 2021) |
Mentor’s Comment: UPSC Mains have focused on Constitutional Principles (2014 and 2019) with respect to ‘basic features’ and ‘checks and balances’.
Before commending the Constitution’s work to the Assembly, Dr. B. R. Ambedkar said that – “however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”
Today’s editorial focuses on the enduring relevance and adaptability of the Indian Constitution. This content can be used whicle inferring ‘Constitutional Background’, ‘Core Principles of the Constitution’ and ‘Balance of Power’ in your Mains Answers.
_
Let’s learn!
Why in the News?
Today 26th November, marks the 75th anniversary of the adoption by the Constituent Assembly of the draft Constitution of India. The Union government has announced that it intends to commemorate this momentous occasion with a special joint sitting of Parliament.
| Historical Background: The Indian Constitution is celebrated for its comprehensive framework that establishes India as a sovereign, socialist, secular, and democratic republic. The Constitution not only outlines the structure of government but also enshrines fundamental rights that protect individual freedoms and uphold justice. Core Principles: • Justice: Ensuring fairness in all judicial processes. • Liberty: Protecting individual freedoms against state interference. • Equality: Guaranteeing equal treatment under the law. • Fraternity: Promoting a sense of brotherhood among citizens. |
How does the Constitution adapt to the changing socio-political landscape of India?
- Amendability: This structure enables the Constitution to evolve without compromising its core principles, through Article 368, ensuring it remains relevant to current societal needs:
- Simple Majority: Some provisions can be amended by a simple majority in Parliament.
- Special Majority: Others require a special majority, which includes a two-thirds majority in both Houses.
- Ratification by States: Certain amendments necessitate ratification by at least half of the state legislatures.
- Judicial Interpretation: The Supreme Court of India has established several landmark judgments that illustrate this adaptability with changing conditions:
- Kesavananda Bharati Case (1973): This case introduced the “basic structure doctrine,” asserting that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
- Right to Privacy: The Supreme Court’s recognition of the right to privacy as a fundamental right under Article 21 demonstrates how judicial interpretation can expand constitutional protections in response to modern concerns.
- Balancing Rigidity and Flexibility: The hybrid nature of the Indian Constitution—combining elements of rigidity with flexibility—ensures that balance is crucial for maintaining democratic governance and protecting fundamental rights against arbitrary alterations.
- Dynamic Nature of Constitutional Principles: CJI D.Y. Chandrachud emphasized that no single generation holds a monopoly over constitutional interpretation, reflecting a continuous dialogue between generations. This dialogue allows for evolving challenges such as technological advancements and changing social norms.
- Inclusion of New Realities: The Constitution’s flexibility facilitates the inclusion of new realities and societal demands:
- Directive Principles of State Policy (DPSP): These principles guide the state in policy-making and reflect socio-economic changes, allowing for progressive reforms in areas like social justice and economic equity.
- Gender Equality and Rights: Recent rulings have addressed gender discrimination in religious practices, showcasing how the Constitution adapts to uphold rights against traditional norms.
What is the significance of constitutional values in promoting justice and equality in India?
- Justice: The Constitution guarantees justice through its Preamble and Fundamental Rights, ensuring that every citizen can receive fair treatment under the law.
- For instance, the Joseph Shine v. Union of India (2018) case decriminalized adultery, reinforcing gender equality and emphasizing that both partners in a marriage should be treated equally under the law.
- Equality Before Law: Article 14 ensures that all individuals are treated equally, prohibiting discrimination.
- The Navtej Singh Jauhar v. Union of India (2018) case is a landmark ruling that decriminalized consensual same-sex relationships by striking down Section 377 of the Indian Penal Code, thus affirming the rights of the LGBTQ+ community and promoting social equality.
- Fraternity and Social Cohesion: The value of fraternity promotes unity and respect among diverse communities. Chief Justice D.Y. Chandrachud emphasized the importance of mutual fraternity for maintaining equality in order to raise awareness about constitutional values, highlighting that dignity and respect for all citizens are foundational to national unity.
- Economic Equality: The Constitution also addresses economic disparities through Directive Principles, aiming for equal rights to livelihood and equal pay for equal work (Article 39). This framework guides government policies towards creating a more equitable society.
In what ways can citizens actively engage with and uphold constitutional ideals?
- Participating in Local Governance: The 74th Constitutional Amendment Act empowers citizens to participate in local governance through structures like ward committees. These committees allow residents to voice concerns and influence local decisions.
- For example, Under JNNURM (Jawaharlal Nehru National Urban Renewal Mission), various states established Area Sabhas (neighborhood committees) to facilitate citizen participation in urban planning.
- In cities like Pune, these committees have successfully engaged citizens in developing city plans, leading to improved infrastructure and services based on community needs.
- Advocating for Rights and Social Justice: Citizens can advocate for their rights by participating in legal awareness programs that educate them about their constitutional rights.
- For example initiative like the ‘Vidhi Jagriti Abhiyaan’ focuses on educating rural populations (especially women) about their legal rights, enabling them to seek justice against violations.
- Engaging in Digital Activism: With the rise of digital media, citizens can use online platforms to raise awareness about constitutional issues and mobilize support for various causes.
- The #MeToo movement gained significant traction on social media, where women shared their experiences of harassment and sought justice.
- Participating in Elections and Civic Duties: Active participation in elections is fundamental to democracy. Citizens should not only vote but also engage with candidates and political parties on issues that matter to them.
- Initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) program have successfully increased voter turnout, particularly among young voters.
Conclusion: “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.” – Dr. Ambedkar
